Terms & Conditions

The Queenslander Terms of Use

Last updated: 18 January 2022

These terms of use (Terms of Use) govern your use of www.theqldr.com.au (the website, we, us, our). The website operates as a platform for the provision of our online services, including our delivery of news and other information and services (Services).

1.      Services

1.1   By using the website , you agree to be bound by these Terms of Use. 

1.2   We may vary these Terms of Use from time to time and we will publish the varied terms on the website. Your continued use of the Services following any changes indicates your acceptance of the changes.  The date these Terms of Use was last updated will be set out at the start of the document.

1.3   You must only access and use our Services for lawful purposes only and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the Services.

1.4   We do not represent or warrant that the operation of the Services will be secure, confidential, uninterrupted, error-free, accurate, complete or current.

2.      Intellectual property rights

2.1   We own, or are the licensee of, the intellectual property rights in the content available on the website, including stories, posts, text, graphics, photographs, logos, trade marks, mastheads, icons, any audio-visual, audio and/or visual recordings and any other works (as such term is defined under the Copyright Act 1968 (Cth) (together, the Content). 

2.2   These Terms of Use do not transfer any intellectual property rights from us to you or any third parties, including any intellectual property rights in and to any Content. 

2.3   You must not (without our consent):

(a)    adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Content; or

(b)    use our name, logo, graphics, and logos which appear on the site.

3.      Acceptable use

3.1   You must not do any of the following in respect of the website, Services and/or the Content.

(a)    Copy, distribute, republish, download, display, post or transmit them in any form or by any means including but not limited to electronic, mechanical or otherwise.

(b)    Use, copy, modify, or create derivative works of any of the the website, Services and/or the Content for any commercial use.

(c)     Engage in any activity that is defamatory, or infringes the intellectual property rights, privacy, confidentiality, or other rights, of any third party.

(d)    Engage in any activity that is or may be considered illegal, immoral or result in liability of any kind.

(e)    Post or transmit any unauthorised material, including material that is (in my opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.

4.      User Content

4.1   In certain circumstances, we may permit you submit or post your own contributions to the website, including photos, video footage, comments or feedback (User Content). By submitting User Content, you grant us a worldwide, irrevocable, non-exclusive right and license to copy, reproduce, create derivative works, publicly display, market, and sublicense any User Content (including for commercial purposes and for incorporation into our Services including on the website), subject to these Terms of Use.

4.2   You acknowledge and agree that you are solely responsible and liable for all User Content, and you represent and warrant that you have all rights, title, licences and consents that are necessary to grant us the rights in the User Content as contemplated in these Terms of Use, and neither the User Content nor the posting, uploading, publication or use of the User Content will infringe, misappropriate or violate a third party’s rights including intellectual property rights.  

4.3   We retain all editorial control in respect of our website and Services and may elect not to publish your User Content at our sole discretion, including (but not limited to) where we consider your User Content:

(a)    is abusive, offensive, inflammatory, defamatory, racist, obscene or threatening;

(b)    is in breach of any laws and/or any third party’s rights, including intellectual property rights laws and rights;

(c)     compromises the safety and/or privacy of any individual(s);

(d)    is intentionally false or misleading; or

(e)    to contain any harmful code or similar security risks.

4.4   While we will endeavour to provide you with an appropriate credit when using your User Content on the website and/or our other platforms, you:

(a)    acknowledge and agree that this may not always be possible; and

(b)    unconditionally waive all moral rights (as defined in the Copyright Act 1968 (Cth)) which you may have in respect of your User Content or, to the extent the law does not permit waiver of moral or similar rights, you consent to any and all acts or omissions of or by ys that would otherwise constitute an infringement of your moral or similar rights.

5.      Third party products and linked websites

5.1   The website and the Services may contain links to third-party websites, products, and services, including for example, links to YouTube videos or other articles. We do not make any representations or warranties in relation to, and we exclude all liability from, such third-party websites, products and services.

5.2   You acknowledge that your use of, and access to, such third-party websites, products and services may be subject to additional fees and separate terms issued by the supplier of such third party websites, products and services (Third Party Supplier), which will form a separate agreement between you and the relevant Third Party Supplier.

6.      Children and Young People

6.1   Most of the Content on the website is suited for a general audience. To the extent you are under the age of 15 years, we recommend that you obtain your parent and/or guardian’s permission before viewing or engaging with the Content on the website.

6.2   To the extent you allow a child to access the website and Content, you are solely responsible and liable for determining whether the website and Content is appropriate for them, for informing them in respect of the website and Content and, where appropriate, safeguarding them from Content that may not be suitable for them.

7.      Warranties and Liability

7.1   Your use of the website and our Services is entirely at your own risk. None of the information and/or materials provided through the website and our Services, or otherwise by us, is in the nature of advice.  Information and/or materials provided through the website and our Services is general in nature and subject to change and we have no obligation to verify and/or update such information or materials.

7.2   To the extent permitted by law the website and our Services (including all information and/or materials provided through the same, or otherwise by us) and all third party content available to you through the website and our Services are provided “as is” and “as available” for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.

7.3   We do not provide warranties of any kind in relation to the website or the website, Services, Content or User Content. To the fullest extent permitted by law, and except where otherwise set out in these Terms of Use:

(a)    we expressly disclaim all warranties, express or implied, of any kind with respect to the website, Services, Content and User Content, including without limitation that the website will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the website, or use of Services, Content or User Content; and

(b)    we and our associates, directors, officers, employees, representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the website, Services, Content or User Content.

7.4   You acknowledge and agree that to the extent our liability cannot be excluded in accordance with clause 7.3(b), our aggregate liability to you or any third-party in connection with these Terns of Use whether in contract, tort (including negligence), statute or otherwise will not exceed an amount equal to $100.

7.5   These Terms of Use, including this clause do not limit or exclude any non-excludable rights you might have under any applicable law, including under Australian consumer law.

8.      Privacy

Our privacy policy is incorporated into, and forms part of, these Terms of Use and governs our use, collection, storage and disclosure of personal information.  You can access the privacy policy here: https://theqldr.com.au/privacy-policy/.

9.      Maintenance

We may at any time and without notice, modify, suspend or terminate the operation of, or access to the website or our Services, or any part of, for any reason, to interrupt the operation of the website or our Services, or any part of, as necessary to perform maintenance, error correction or other changes.

10.   General

10.1 Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.

10.2 These Terms of Use contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.

10.3 Any failure by us at any time to enforce these Terms of Use or any rights will not be a waiver of such rights, or affect the validity of these Terms of Use.

10.4 If any provision of these Terms of Use are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.

10.5 These Terms of Use are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms of Use.

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